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During my work experience week with Lawyers in Local Government, I spent a notable amount of time working with property lawyers and paralegals. These discussions often revolved around the future development plans for the local council and the council's part in crafting and shaping that development. This introduced me to planning law − a subsection within property law that I’d never looked into before. This article, in turn, offers an opportunity for me (and you) to learn more about this niche practice area. 

What’s planning law?

England's property system is 'plan-led', meaning what and where a property can be built is set out in plans. Local Planning Authorities prepare plans for their local area, setting out their visions for the future development of local land: specifying what’s needed and where it’ll develop. Within a neighbourhood, development plans are made by parish or town councils, or local groups – allowing them to decide what new developments are needed and where they should be placed. Most types of development need permission from the respective authority to progress – apart from some forms of 'permitted development' (such as home repair or improvement projects).

Because of the centrality of planning to English property law, many legal issues arise: such as the requirement for permission to conduct development, ensuring all uses of land fall within planning legislation and guidance, and the regulation of the planning process.

A planning lawyer, therefore, is involved in the legal underpinnings of planning and property development. Before someone builds a development, it’s necessary for them to seek professional advice from a planning solicitor to understand how planning laws operate in the chosen area. They may also have to contact their respective lasting power of attorney (LPA). Doing so can give insight into the potential issues that may arise, in order to avoid a breach of planning rules – which may result in serious consequences (among them demolition of the development being built).

What tasks do planning solicitors do?

The work of a planning lawyer involves preparing and negotiating planning (and other) agreements, providing specialist advice and legal interpretation regarding development-related transactions and strategies, and drafting applications, appeals and submissions. When looking at planning litigation, a solicitor will typically act as the intermediary force between their client and the courts (and barrister). They may also negotiate with the LPA where necessary, as well as third parties who object to a development.

In other words, the job of planning solicitors can be boiled down to the usual − planning, drafting, advising, researching, negotiating and communicating − but with an emphasis on planning and property.

Key skills

For a planning lawyer, communication is paramount − you must be able to explain the planning system and rules, and how they’ll affect a project, to a client. Planning solicitors working in a firm will often work in teams to advise and aid clients, so collaborative skills will likely also be necessary. Attention to detail, an ability to negotiate, and reading and research skills will never fail you, either – you'll need them, given how intricate the planning system is! 

To conclude, planning lawyers play a significant role in property development. By ensuring their clients' projects adhere to planning rules, and by securing planning permission for them, they contribute to the development of some exciting and innovating areas. As someone with a budding interest in property law, this research has only consolidated my interest in the field and inspired me to think of the kinds of contributions I could make to the future world of property – and hopefully, after this article, you can say the same.